New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Seismic assessment (isa v dsa)
  • 5 Apr 2023

    TADD MANAGEMENT LIMITED v WEINE [2023] NZHC 764

    Citation
    (2023) 24 NZCPR 1
    Court
    High Court

    The Court held the ISA and the Information Memorandum statements operated as representations of fact (not mere non‑actionable opinion) in context, the representations that the Property was 60% NBS and had a "good" NBS rating were incorrect and induced the plaintiff to buy; plaintiff reasonably relied on them and suffered loss; NZCEL's ISA was prepared within a defensible range of professional judgment and the contractual limitation on NZCEL's liability was enforceable under s5D of the Fair Trading Act; damages for the plaintiff were assessed by difference in value, and common mistake was an a…